1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserted that: (a) around September 2012, the Plaintiff completed the instant construction work by being awarded a contract for the 51,100,000 square meters for the instant construction work from the Daedae Industrial Co., Ltd. (hereinafter “Nonindicted Co., Ltd”); (b) but (c) did not receive construction payment from the Nonparty Co., Ltd. at all.

Therefore, the defendant, who is the party taking over the lawsuit of the non-party company, is obligated to pay the plaintiff the construction cost of 51,100,000 won and delay damages therefor.

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s defense prior to the merits constitutes a rehabilitation claim, and thus, the instant lawsuit is unlawful as there is no benefit of lawsuit.

B. Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

(1) Article 118 Subparag. 1 of the same Act refers to a claim on property, the cause of which arises prior to the commencement of rehabilitation procedures, such as expression of intent, refers to a claim on property, which is based on the cause prior to the commencement of rehabilitation procedures. As long as the cause of the occurrence of a claim is based on the cause prior to the commencement of rehabilitation procedures, the content thereof has not been specifically determined or the maturity period arrives after the commencement of rehabilitation procedures (see, e.g., Supreme Court Decision 2012Da114851, May 16, 2014); and it is sufficient that the major cause of the claim is satisfied when the rehabilitation procedures are preserved before the commencement of rehabilitation procedures (see, e.g., Supreme Court Decisions 2014Da220484, Jun. 24, 2015; 201Da84335, Nov. 29, 2012). Meanwhile, under the Debtor Rehabilitation Act, when a lawsuit on the rehabilitation claims has commenced during the rehabilitation procedures, the rehabilitation procedures are suspended (Article 148).